Buying and selling limited quantities of marijuana has been legal in Colorado for nearly five years. Public use, however, is prohibited. Still, for years, state lawmakers have been trying to determine how to define “open and public” consumption.

One of the more contentious questions state lawmakers have wrangled over: should residents be permitted to smoke marijuana on their front porches? Or should smoking marijuana on a front porch–where children and other passersby could be exposed to the smoke–be prohibited?

Last week, the 2017 legislative session came to a close without answering these questions. Despite successfully passing a number of other bipartisan priorities–like expanding Medicaid benefits–the Colorado legislature could not reach a consensus as to what “open and public” consumption means.

The House and Senate previously passed different versions of a bill that would clarify the question that has lingered since legalization in 2012. But both chambers have yet to land on a bill that suits them equally.

Senate Bill 184, the version of the bill the Senate passed, would have prohibited marijuana consumption in places where “a substantial number of the public” congregates without restriction. It also would have outlawed pot smoking in “a place not protected from unaided observation lawfully made from outside its perimeter,” which essentially would have included front porches.

A compromise was proposed to both chambers–residents can smoke on their front porch as long as no more than five outside guests were present–but was ultimately flouted.

“We’re talking about your own private property,” Rep. Jovan Melton (D-Aurora) told the Denver Post. “And why the number five? Why did we arbitrarily land on that number? We are literally putting things into statute with no explanation.”

Bob Gardner, the Republican state Senator from Colorado Springs, is concerned about marijuana smoke affecting other people in the neighborhood.

“My concern continues to be that in urban and suburban areas property lines are so close that children walking up and down sidewalks that are not 15 feet from [a home],” he recently told the Denver Post. “And frankly it is a crime in Colorado to do a lot of things on your front porch, no matter how much you own that property.”

In 2012, Colorado became the first state in the country to legalize marijuana for recreational use–in private. Figuring out how cannabis should be consumed publicly is a fairly fuzzy conundrum that has consistently bedeviled state lawmakers.

At one point, the legislature nearly passed a law that would have legalized private pot clubs–bars and cafes where people could congregate and smoke pot. But that bill was scuttled after resistance from Democratic Gov. John Hickenlooper and others.

Pot clubs do exist, but outside of the legal bounds. Now, because state lawmakers could not properly define what “open and public” consumption means, local jurisdictions will continue to be in charge of interpreting the stipulation.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

STATE OF WEED: WATCH

Will the U.S. Finally End its Prohibition on Marijuana?

A freshman representative from Virginia introduced legislation last week that would remove marijuana from the federal Controlled Substances Act. This measure, introduced by Representative Thomas Garrett (R-VA), is identical to legislation introduced by Senator Bernie Sanders (I-VT) in 2015 that never really went anywhere. The bill would not effectively legalize the sale and use of marijuana in all 50 states; instead, it would allow states the ability to make their own decisions on marijuana policy without the threat of federal interference.

NFLPA Will Explore if Marijuana is Safer Than Opiates 

The NFL Players Association will look into whether marijuana is a safer pain management alternative for athletes than opiates. During a taping of the NBC Sports “Pro Football Talk Live” radio show, NFLPA President Eric Winston revealed that owners may soon have no choice but to embrace it.

Colorado Could Become the First State to Legalize “Pot Clubs”

In a five-to-two vote, the Colorado Senate Business, Labor, and Technology Committee recently passed a bill that would bring “pot clubs” to the state. Senate Bill 184, titled Private Marijuana Clubs Open and Public Use, would allow individuals 21 years and older to publicly consume marijuana in privately-owned marijuana clubs. The bill will now move to a full Senate vote.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

LAW STREET CANNABIS COVERAGE

Will the Trump Administration Crack Down on Marijuana?

By Alec Siegel

White House Press Secretary Sean Spicer suggested the Justice Department will increase its enforcement of federal marijuana laws. Marijuana is banned at the federal level, but is legal, recreationally or medically, in 28 states and D.C. However Spicer did say the president sees a “big difference” between recreational and medical marijuana.

Congress Now Has A Bipartisan Cannabis Caucus

By Alexis Evans

A group of pro-pot federal lawmakers has teamed up to announce the formation of the first-ever Congressional Cannabis Caucus. The bipartisan effort will work on legislation related to marijuana legalization and regulation, proving that perhaps Congress is taking the issue of marijuana legalization seriously.

Hemp Industries Association Sues DEA for Regulating Hemp as a Schedule I Drug

By Alexis Evans

The Hemp Industries Association (HIA) has filed a motion against the DEA, challenging the agency’s handling of hemp foods as Schedule I drugs. On February 6, the HIA filed a motion to find the DEA in contempt of court for failing to comply with a 13-year-old court injunction, prohibiting the agency from regulating hemp food products as Schedule I controlled substances.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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